摘要
证据开示是当事人主义刑事诉讼实质化所不可缺少的制度 ;检察官的当事人性与其证据开示责任并不矛盾 ;法治国家关于证据开示的争论已经得出利大于弊的结论。中国审判方式的改革应当注重对抗制审判的精神 ,而不能偏重其形式 ;
WT5”BZ]:The discovery of evidence is an essential system in the essence of the principle of parties for criminal litigation. The prosecutor in person is not in contradiction with its liability of the discovery of evidence. The debate on the discovery in a state ruled by law has concluded it's more advantageous. The reform of trial method in China should pay attention to the spirit of adversary trial system but not the form. It will become an important content in the trial reform to set up a special discovery system of evidence. [WT5”HZ]
出处
《法律科学》
CSSCI
北大核心
2000年第4期83-95,共13页
Law Science (Journal of Northwest Institute University of Politics and Law)
关键词
证据开示
对抗制
审判方式改革
竞技型司法
iscovery of evidence
Adversary trial system
Reforms on trial method
Judiciary of competition
